Date: Thu, 17 Jul 2003 17:50:16 +1000

From: Harold Luntz

Subject: Wrongful birth

The High Court of Australia yesterday in

Cattanach v Melchior [2003] HCA 38,

by a majority of 4:3, decided to allow a couple to keep damages awarded to them for the cost of rearing a healthy child after a failed sterilisation. This, of course, is contrary to McFarlane v Tayside Health Board [2000] 2 AC 59 (HL) and Kealey v Berezowski (1996) 136 DLR 708. They refused to allow any set-off of 'benefits' derived from the child. The case is 168 pages long, so be warned! You can find it at <http://www.austlii.edu.au/au/cases/cth/high_ct/2003/38.html> The link at AUSTLII mis-spells the plaintiffs' name.

Harold Luntz,
Professorial Fellow,
Law School,
The University of Melbourne,
Victoria, 3010,
AUSTRALIA.

Phone: +61 3 8344-6187
Home phone: +61 3 9387-4662
Fax: +61 3 9347-2392

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